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WEYERHAEUSER CO. v. WODA

(96-11475; CA A101658).

998 P.2d 226 (2000)

166 Or. App. 73

In the Matter of the Compensation of Melvin C. Woda, Claimant. WEYERHAEUSER COMPANY, Petitioner, v. Melvin C. WODA, Respondent.

Court of Appeals of Oregon.

Decided March 8, 2000.

Attorney(s) appearing for the Case

John M. Pitcher, Portland, argued the cause and filed the brief for petitioner.

Christopher D. Moore, Eugene, argued the cause for respondent. With him on the brief was Malagon, Moore & Jensen.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

LANDAU, P.J.

At issue in this case is whether claimant's respiratory condition—a sudden allergic reaction to wood dust at work—must be analyzed as a claim for an occupational disease or as an occupational injury. Different burdens of proof pertain to occupational diseases and occupational injuries, so the distinction is significant. The Workers' Compensation Board (Board) concluded that the condition was properly analyzed as an occupational injury, because...

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